2026 SCC Vol. 7 Part 5: Key Supreme Court Cases on Constitution, GST, Criminal Law and more
Key Supreme Court rulings on Article 227, RTE, Teachers Eligibility Test, custody, GST rebate, etc.
Custody of Minor Children
Child’s Right to Stay with Mother a Civilizational Norm, Not Just a Modern Legal Construct: MP High Court refuses to Enforce Foreign Custody Order
“Doctrine of Comity of Courts is important but not absolute, and welfare of the child is the paramount consideration.”
Section 6 Guardianship and Wards Act applies to Muslims: Allahabad High Court clarifies applicability of personal law and general law in custody matters
“Section 6 of the Act does not bar any class of persons from approaching the Court; rather, it operates in the context of recognising certain categories of guardians. The Act nowhere provides that persons professing Muslim law are precluded from seeking relief under it.”
Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC
The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.